Human Rights And Statelessness
I N P E N I N S U L AR M AL AYS I A
research (Debrita Yanieta Santoso, 2022) adopts a rights-based approach
to explore the legal consequences of the State’s responsibility to confer
Indonesian citizenship for children of undocumented Indonesian migrant
workers in Malaysia.
Thirdly, while the previous studies examine both adult and child stateless
populations, the following studies focus specifically on childhood
statelessness, also using theoretical, legal frameworks and secondary
data. Rodziana Mohamed Razali (2017) provides a holistic overview of
the recent jurisprudential developments on childhood statelessness, along
with possible solutions to address childhood statelessness, primarily
for foundlings (children born to unknown parents), children separated
from parents with no proof of parentage, and children born outside of
wedlock. They suggest that more engagement with legislators and judges
to expose them to the human side of statelessness should be pursued,
along with a consistent push to reform citizenship provisions that contain
discriminatory elements. This is to develop jurisprudential patterns in court
that can act as safeguards against childhood statelessness. Likewise,
Roslina Che Soh@Yusoff et. al. (2019) evaluate the extent of rights of
stateless children to acquire citizenship in cases involving unregistered
births, children born out of wedlock, foundlings, and children with parents
of uncertain immigration status. They address crucial gaps and provide
recommendations on the current legislation relating to the protection of
these groups of children.
Fourthly, Azizah Mohd (2011) focuses on foundlings, analysing the
laws related to the protection of the abandoned child’s right to identity,
especially to name, registration of birth, and citizenship under both civil
and Islamic law in Malaysia. It is found that the Federal Constitution and
Islamic law both provide a good legal framework for abandoned children
to acquire citizenship, but issues arise in the implementation of certain
laws by relevant government bodies (e.g. JPN, KDN). Chen (2003) similarly
examines foundlings under the Federal Constitution and international
human rights provisions.
Lastly, Nur Athirah Syuhada Hasni and Nurshahirah Azman (2020) use a
qualitative approach to situate the statelessness of adopted children and
ways to confer citizenship under the Malaysian legal provisions, and then
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